Kerala High Court
Sojan Devassia vs The State Of Kerala on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 11993 OF 2018
PETITIONER:
SOJAN DEVASSIA
AGED 39, S/O.DEVASSIA, ONATTUKUNNEL HOUSE, MULAPRAM
P.O., NEYSSERI VILLAGE, THODUPUZHA, IDUKKI-685581.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE KARIMANUR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KARIMANNUR P.O.,
IDUKKI-685607.
3 THE PRESIDENT
PANCHAYATH COUNCIL, KARIMANUR GRAMA
PANCHAYATH,KARIMANNUR P.O., IDUKKI-685607.
4 THE FOREST RANGE OFFICER
KALIYAR FOREST RANGE, KALIYAR P.O., IDUKKI-685607.
5 THE SECRETARY TO THE GOVERNMENT FOREST DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
6 THE DISTRICT COLLECTOR
IDUKKI-685581.
BY ADVS.SRI.BIMAL K.NATH, SR.G.P
SMT.STINNIE JOHN
KUM.VINILA CHANDRABOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 11993 OF 2018
2
JUDGMENT
The Writ Petition is filed by a person, who residing in
Neyssery Village having certain properties. His grievance is
that the respondents 2 and 3 proposes to construct a public
cemetery.
2. The relief sought for in the present writ petition are
as follows:
"(i) Issue a Writ of Mandamus or any other
writ order or direction commanding the respondents 2
and 3 not to construct any crematorium as is
proposed in Sy. No 90/5 of the Neyssery Village and
having an extent of 0.2840 acres, as is seen in Exts
P1 to P4 and in Ext-P18, or any waste dumping yard,
adjoining the same; in the interest of justice.
(ii) Issue a writ of Mandamus or any other writ
order or direction commanding the 1st respondent to
conduct an enquiry through the District Collector as
to the state of affairs which have taken place of the
proposal of the Panchayath to have a crematorium
constructed and the dumping yard, on the basis of
the facts enumerated by the petitioner, within
stipulated time limits in the interest of justice.
(iii) Issue a writ of Mandamus or any other writ
order or direction commanding the 2 nd respondent
WP(C) NO. 11993 OF 2018
not to implement the decision taken in Ext.P18, and if
found necessary by this Honourable Court to quash
Ext.P18, by the issue of a Writ of Certiorari, in the
interest of justice."
3. Exts.P12 and P15 are two mass objections raised
by the residents of the said Panchayat against starting of the
public crematorium. The learned counsel for the petitioner
points out that the 2nd respondent is under obligation to call
for objections from the public and then conduct a hearing and
thereafter decide the issue as to whether the public
crematorium had to be established or not. This Writ Petition
has been filed as early as on 02.04.2018.
4. The respondents 2 and 3 has filed a counter
affidavit. In paragraph 7 of the counter affidavit it is stated
that no residential building is situated near the property and
the environmental issues will not come if the crematorium is
constructed in the property. Therefore, the Panchayat asserts
in their counter affidavit that the statutory requirement had
been complied with.
5. The reading of the counter affidavit, however, does
not show as to whether at present the Panchayat has carried
WP(C) NO. 11993 OF 2018
on with the construction of the crematorium and which has
been effected. The petitioner, however, asserts that no further
steps have been taken in this regard by the panchayat.
In view of the above submissions, I am of the
considered view that this Writ Petition can be disposed of by
directing the 2nd respondent to consider Ext.P15
representation by the petitioner and others and if required
issue a public notice calling for the objections and take a final
decision in this regard, at any rate within a period of six
months from the date of receipt of a copy of this judgment.
Sd/-EASWARAN.S
JUDGE
lsn
WP(C) NO. 11993 OF 2018
APPENDIX OF WP(C) 11993/2018
PETITIONER EXHIBITS
EXHIBIT P1- A TRUE COPY OF THE COMMUNICATION
ISSUED AT THE INSTANCE OF THE DISTRICT
POLICE CHIEF, IDUKKI 01/09/2011 WITH
COVERING LETTER DATED 13/05/2015.
EXHIBIT P2- A TRUE COPY OF THE REPORT OF THE
DISTRICT MEDICAL OFFICER, HEALTH,
IDUKKI DATED 13/07/2011.
EXHIBIT P3- A TRUE COPY OF THE COMMUNICATION BY
THE DISTRICT MEDICAL OFFICER, HEALTH,
IDUKKI DATED 14/12/2012.
EXHIBIT P4- A TRUE COPY OF THE NOTICE ISSUED DATED
28/02/2014.
EXHIBIT P5- A TRUE COPY OF THE REPORT OF THE RDO,
IDUKKI, DATED 18/01/2014.
EXHIBIT P6- A TRUE COPY OF THE SITE PLAN ISSUED BY
THE VILLAGE OFFICER, NAYSSERY DATED
DATED 03/03/09.
EXHIBIT P7- A TRUE COPY OF THE DECISION OF THE
SECOND RESPONDENT DATED 19/08/2010.
EXHIBIT P8- A TRUE COPY OF THE RECEIPT ISSUED BY
THE KARIMANNUR GRAMA PANCHAYATH DATED
16/08/2010.
EXHIBIT P9- A TRUE COPY OF THE CONSENT GIVEN TO
THE PANCHAYATH DATED 10/08/2010.
EXHIBIT P10- A TRUE COPY OF THE LETTER BY THE SNDP
YOGAM BRANCH-233, KARIMANNUR DATED
12/08/2010.
EXHIBIT P11- A TRUE COPY OF THE FURTHER
COMMUNICATION BY THE SNDP BRNACH 233,
KARIMANNOR DATED 12/08/2010.
EXHIBIT P12- A TRUE COPY OF THE MASS PETITION BY
THE PERSONS OF THE LOCALITY BEFORE THE
DISTRICT COLLECTOR DATED NIL.
EXHIBIT P13- A TRUE COPY OF THE NOTICE AT THE
INSTANCE OF THE RDO, IDUKKI DATED NIL.
WP(C) NO. 11993 OF 2018
EXHIBIT P14- A TRUE COPY OF THE OBJECTION RAISED BY
ONE SHAIJU PAUL, DATED 17/04/2015.
EXHIBIT P15- A TRUE COPY OF THE MASS PETITION DATED
22/03/2015.
EXHIBIT P16- A TRUE COPY OF THE COMMUNICATION BY
THE FOREST RANGE OFFICER, KALIYAR
DATED 02/02/2018.
EXHIBIT P17- A TRUE COPY OF THE NOTICE ISSUED BY
THE LOK ADALATH, MUTTOM DATED
05/11/2017.
EXHIBIT P18- A TRUE COPY OF THE ORDER PASSED IN THE
LOK ADALATH, MUTTOM, THODUPUZHA DATED
10/01/2018.
EXHIBIT P19- A TRUE COPY OF THE COMMUNICATION BY
THE KARIMANNOOR GRAMA PANCHAYATH DATED
25/02/2015.
EXHIBIT P20- A TRUE COPY OF THE PUBLIC NOTICE
ISSUED IN THIS REGARD NIL.
EXHIBIT P21- A TRUE COPY OF THE SATELLITE IMAGES
TAKEN DATED NIL.
RESPONDENTS EHXIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
